Online Radio Box Mobile App Service Terms of Use

This Terms of Use (“Agreement”) is a legal agreement between You (“You”, “Your”, “Client”) and Online Radio Box entity indicated at the bottom of this document ( “OnlineRadioBox”, “ORB”, “Us” or “We”) for mobile application software ( “App”, “App Service”, “Service(s)”,”ORB App”).

Please read this Agreement carefully before accessing or using the Service. By subscribing or by making an online payment for any part of Our Service, You agree to become bound by the terms and conditions of this Agreement. If You do not agree to all the terms and conditions of this Agreement, then you may not access the Service or use any Services.

We remain the owners of the App. We reserve the right to refuse Service to anyone for any reason at any time.

General Terms of Use

ORB reserves the right to update and change these Terms from time to time without notice. Any new features that augment or enhance the Services, including the release of new tools and resources, shall be subject to the Terms. Continued use of the Service after any such changes shall constitute Your consent to such changes. Violation of any of the Service Terms will result in the termination of Your Account.

Notwithstanding ORB prohibitions on certain conduct and content as specified within these Terms, the Client hereby acknowledges and agrees that ORB shall not be responsible for the content posted on the Services (“Content”) and the Client hereby agrees to use the Service on its own risk.

The terms of this Agreement apply to the App or any of the services accessible through the App, including any updates or supplements to the App or any Service associated with, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service associated with, the terms of an open-source license may override some of the terms of this Agreement.

We will do whatever possible to get Marketstore (Google Play Market and/or App Store) agreed by you to approve your App. However in no case we do not and cannot guarantee acceptance. If chosen by you Marketstore denies your application you may cancel your account, however there are no refunds under any circumstances.

If your App is built using the OnlineRadioBox provisioning file or published under the OnlineRadioBox brand, you agree that OnlineRadioBox has the right to the following, with or without notice, at any time and for any reason:

Remove App from publication

Modify the description or other characteristics or features of your App

Publicize your App and your brand.

Third Party Apps. The App or any Service within it may contain links to other independent third-party websites. Third-party Apps are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make Your own independent judgement regarding your interaction with any Third-party Apps, including the purchase and use of any products or services accessible through them.

ORB disclaims any express or implied warranties and does not warrant that:

The Service will meet your specific requirements

The Service will be uninterrupted, timely, secure, or error-free

The results that may be obtained from the use of the Service will be accurate or reliable

The quality of any products, services, information, or other material purchased or obtained by You through the Service will meet your expectations, and

Any errors in the Service will be corrected.

Payments

All accounts are set up on a prepay basis. Although ORB reserves the right to change prices of Tariff Plans at any time, all pricing is guaranteed for the period of prepayment. Fees charged on a prepay basis are non-refundable. In order to treat everyone equally, no exceptions will be made. If you use the Paid Subscription, you agree to the terms of pricing, payment and billing policies applicable to such Tariff Plans and charges, including those located at https://onlineradiobox.net/

In the event you cancel your Tariff Plan, you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.

The Client is responsible for all the amount owed on the Tariff Plan from the time the relevant subscription was established to the end of the relevant prepay period subject to the Client sending a written cancellation request prior to any renewal period.

Invoices: All invoices will be sent directly to Clients via email and Clients must pay the invoice within 5 days (unless otherwise agreed) including weekends and bank holidays.

Payment options: Credit Card, Bank Transfer or PayPal. We cannot guarantee that a Service will be provided until after any funds have been cleared.

Automatic Renewal: Clients will automatically be charged again at the end of the relevant prepay support subscription fee unless confirmation of a notice to cancel the account has been sent by email by the Client to and received by ORB at least one month prior to the expiration of the relevant current pre-pay subscription fee.

Modification. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of the Services, including but not limited to any monthly subscription Tariff Plans to the Service, are subject to change at any time, with or without notice. Notice may be provided at any time by posting the changes to the onlineradiobox.net.

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service. From time to time, We may issue an update to the Service which may add, modify, and/or remove features from the Service. These updates may be pushed out automatically with little or no notice, although We will do everything in its power to notify you in advance of an upcoming update, including details on what the update includes.

License Terms of Use

In consideration of you agreeing to abide by the terms of this Agreement, we grant you a non-transferable, non-exclusive license for rent the App from ORB system subject to these terms, the Privacy Policy and Marketstore Rules, as the case may be. We reserve all other rights.

The license is subject to Your compliance with all of the terms and conditions of this License.

Your App can only be stored in the ORB system or publish at the selected by you Marketstore. Any other use is not allowed.

You will not have any proprietary rights in and to the software (App) or codes. You acknowledge and agree that We retain all copyrights and other proprietary rights in and to the App.

This license shall automatically terminate upon Your violation of the terms hereof or upon Your use of the App beyond the scope of the license provided herein. Use beyond the scope of this license shall constitute copyright infringement.

This license shall be effective and bind You upon from when your App is being created,(when you received and apk file with your App). You accept the App on an 'AS IS' and with all faults basis.

ORB HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATIVE TO THE APP, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTIBILITY. ORB SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES, INJURIES OR LIABILITIES CAUSED DIRECTLY OR INDIRECTLY FROM THE USE OF THE APP, INCLUDING BUT NOT LIMITED TO INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES.

Should you terminate your service with ORB, your App(s) will completely be removed from the any and all MarketStores and the admin interface will be blocked. You are not allowed to bring your App out of ORB system and or chosen Marketstore under any circumstances. Violations will be direct copyright infringement and result in liability.

You acknowledge that:

You will not modify, enhance, reverse engineer or otherwise alter the App(software) from its current state.

All intellectual property rights in the App anywhere in the world belong to Us or our Licensors (as the case may be), that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App other than the right to use it in accordance with these Terms of Use.

You have no right to have access to the App in source-code form.

You understand that any Apps created in the Service are created by Your own volition and You therefore indemnify and hold harmless Us and all our subsidiaries, employees, and any agent acting on their behalf from any and all liabilities, claims, demands, or personal injury, including death that may be sustained, due to or relating in any way but not limited to copy right infringement, fraudulence, or trademark violation by way of creating and/or using of any apps created by the Service, or for claims related to or arising from your violation of this Terms of Use.

By using the App, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information You send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

By using the App, You consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our Service and to provide the Service to You.

Restrictions of Use

You must:

not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;

not infringe our intellectual property rights or those of any third party in relation to Your use of the App, including the submission of any material (to the extent that such use is not licensed by this Agreement);

not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service within it;

not use the App or any Service within it in a way that could damage, disable, overburden, impair or compromise Our systems or security or interfere with other Users and / or Clients; and

not collect or harvest any information or data from APP or any Service within it or our systems or attempt to decipher any transmissions to or from the servers running the Service.

Except as expressly set out in this Agreement or as permitted by any local law, you agree:

not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;

not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;

not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:

is used only for the purpose of achieving inter-operability of the App with another software program;

is not unnecessarily disclosed or communicated without our prior written consent to any third party; and

is not used to create any software that is substantially similar to the App;

to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;

to regularly and effectively back-up the data within the App / the Services;

to include our copyright notice on all entire and partial copies you make of the App on any medium;

not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and

to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App / Service.

Intellectual Property Rights

We retain all copyrights and other proprietary rights in and to the App.We claim no intellectual property rights over the Data / Content you provide to us within the Service. However, by using Our Service to create your App, you agree to allow others to view and share your Content.

We do not pre-screen Content, but we have the right in our sole discretion to refuse or remove any Content that is available via the Service. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Us.

By using the Service, you warrant that you have full right and ownership of any and all copyrighted material you upload to, or distribute through, the Service.

You shall be solely responsible for securing and paying for all digital delivery licenses, mechanical licenses, any public performance licenses, synchronization licenses and any other licenses from all copyright owners (or their agents) required in connection all Content selected by you for use in connection with the App.

We respect the rights and intellectual property of others, and we ask You to do the same. If you believe that your product or work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us at email:support@onlineradiobox.com with the following information:

a description of the product, work or other intellectual property that you claim has been misrepresented or infringed;

a description of where the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located;

a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the product, work, copyright or intellectual property, or its agents, or applicable law;

a statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the product, work, copyright or intellectual property, or authorized to act on such owner’s behalf; and your electronic or physical signature, name, physical address, telephone number and email address.

Limitation of Liability

UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ORB OR ITS AFFILIATES, CONTRACTORS, DIRECTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE WEBSITE, THE SERVICE, YOUR APP OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH ORB, EVEN IF ORB OR AN ORB AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, ORB'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Limitation of Damages

IN NO EVENT SHALL ORB OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE, THE SERVICE OR YOUR APP (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT OF FEES YOU HAVE PAID ORB IN THE SIX (6) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.

Third Party Sites

THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN ORB AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE ORB SITE OR SERVICE OR THROUGH YOUR APP OR RECEIVED BY YOU THROUGH ANY THIRD PARTY SITES.

Termination

We may terminate this Agreement immediately by written notice (usually by email) to you:

if you commit a material or persistent breach of this Agreement which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;

if you breach any of the License Terms of Use; and

if you do not have a valid subscription.

On termination for any reason:

all rights granted to you under this Agreement shall cease;

you must immediately cease all activities authorised by this Agreement, including your use of App and / or any Service associated with;

you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App in your possession, custody or control and certify to us that you have done so; and

we may remotely access the Devices and remove the App from all of them and cease providing you with access to the Services and / or MarketStore.

Cancellation. You are solely responsible for properly canceling your account. Account cancellation requests must be submitted by email at support@onlineradiobox.net.

All of your Content will be deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled. OnlineRadioBox, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the App or any Service associated with, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.

Miscellaneous

No Agency: You agree that no joint venture, partnership, employment, or agency relationship exists between you and ORB as a result of these Terms or use or the App / Service. You further acknowledge that by submitting your Client Marks or other content, no confidential, fiduciary, contractually implied or other relationship is created between you and ORB other than pursuant to these Terms.

Legal issues and jurisdiction. Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the Agreement (and any non-contractual disputes/claims arising out of or in connection with it) is subject to the laws of Estonia without recourse to its conflict of laws principles.You agree to pay all costs and expenses, including but not limited to, attorney fees and court costs, for the collection and/or enforcement of any obligation under this agreement, whether or not a lawsuit or arbitration is commenced.

Communication. If you wish to contact us, or if any condition in this Agreement requires you to give us notice, you can send this to us by email at support@onlineradiobox.net .We will confirm receipt of this by contacting you by email. If we have to contact you or give you notice, we will do so by email you provide to us in your request for the App.

Thank you for reading our Terms! We hope you enjoy maximum of your personalized APP!